Dried Fruits Export Control (Election of Board) Regulations (Cth)

statutory rules.

1924. No. 203.

———

REGULATIONS UNDER THE DRIED FRUITS EXPORT CONTROL ACT 1924.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Dried Fruits Export Control Act 1924 to come into operation forthwith.

Dated this nineteenth day of December, 1924.

FORSTER,

Governor-General.

By His Excellency’s Command,

H. E. PRATTEN,

Minister of State for Trade and Customs.

———

DRIED FRUITS EXPORT CONTROL (ELECTION OF BOARD) REGULATIONS.

Part I.—Preliminary.

Short title.

1. These Regulations may be cited as the Dried Fruits Export Control (Election of Board) Regulations.

Parts.

2. These Regulations are divided into Parts as follows—

Part I.—Preliminary.

Part II.—Enrolment.

Part III.—Nominations.

Part IV.—Voting.

Part V.—Scrutiny.

Part VI.—Disputed Elections.

Part VII.—Offences.

Definitions.

3. In these Regulations unless the contrary intention appears—

“Candidate” means any person nominated for election as a representative on the Board;

“Election” means the election of representatives in pursuance of paragraph (b) of sub-section (2) of section 4 of the Act;

“Grower” means a grower of fruit from which dried currants, dried sultanas or dried lexias are produced;

“Officer” means an officer of Customs;

“the Act” means the Dried Fruits Export Control Act 1924.

C.19215.—Price

 

Part II.—Enrolment.

Appointment of Returning Officer and Deputy Returning Officers.

4. (1) The Minister shall appoint an officer to be the Returning Officer for the purpose of carrying out the election and the Returning Officer shall make all necessary arrangements for the conduct of the election.

(2) The Minister may, if he thinks it desirable, in order to expedite the holding of the election, appoint Deputy Returning Officers to act under the direction of the Returning Officer.

List of voters to be prepared.

5. The Returning Officer shall arrange for the preparation of a roll of growers in the States of New South Wales, Victoria and South Australia entitled to vote at the election, and also a roll of growers in the State of Western Australia entitled to vote at the election.

Roll to be used at election.

6. (1) The roll for the States of New South Wales, Victoria and South Australia and the roll for the State of Western Australia shall be the rolls of growers to be used for the purpose of the election in the States to which these rolls respectively refer, and shall be certified by the Returning Officer or a Deputy Returning Officer by writing under his hand to be correct.

(2) The rolls shall be conclusive evidence of the right of the persons named therein to vote at the election.

Growers entitled to one vote only.

7. Every voter whose name appears on a roll shall be entitled to one vote only.

Part III.—Nominations.

Candidates must be nominated.

8. No person shall be capable of being elected as a representative on the Board unless duly nominated.

Mode of nomination.

9. A nomination shall be in the following form, shall be signed by not less than twenty persons entitled to vote at the election for which the candidate is nominated, and shall be lodged with the Returning Officer on or before the day fixed in that behalf by the Minister:—

Commonwealth of Australia.

Dried Fruits Export Control Act 1924.

NOMINATION OF REPRESENTATIVE.

To the Returning Officer—

We, the undersigned growers entitled to vote at the election of representatives on the Board do hereby nominate

(here insert the christian name or names in full, surname, place of residence and occupation of person nominated)as a representative on the Board for the

(here insert States of New South Wales, Victoria and South Australia or State of Western Australia as the case applies).

Dated this day of 192 .

Signature of nominator

Place of living

———

I of consent to the above nomination and to act if elected.

(Signature of candidate)

Witness

Address

N.B.—The candidate’s consent to the nomination may be on a separate paper and in any form, but if given on the nomination paper in the above form its sufficiency is not to be questioned.

A nomination must be signed by not less than twenty persons entitled to vote at the election for which the candidate is nominated.

Requisites for nomination.

10. No nomination shall be valid unless—

(a) the person nominated consents to act if elected; and

(b) the nomination paper is received by the Returning Officer on or before the day fixed in that behalf by the Minister.

Form of consent to act.

11. The consent of the person nominated to act if elected shall be sufficient if he signs the form of consent at the foot of the nomination paper but the Returning Officer may accept any other form of consent, whether accompanying the nomination paper or not, that he deems satisfactory and such acceptance shall be final.

Declaration of nominations.

12. On the day following the day fixed by the Minister as the last day for receiving nominations the Returning Officer shall produce to the Minister all nomination paper received by him and the Minister shall announce the name, place of residence and occupation of each person nominated and cause notice thereof to be published in the Gazette.

Withdrawal of consent to nomination.

13. Any Candidate may withdraw his consent to his nomination at any time on or before the date fixed for the close of nominations by lodging with the Returning Officer a notice of withdrawal bearing his personal signature and witnessed by a Justice of the Peace.

Proceedings on nomination day.

14. (1) If the number of candidates nominated is not greater than the number of candidates required to be elected the Minister shall declare the candidate or candidates nominated duly elected and cause notice thereof to be published in the Gazette.

(2) If the number of candidates nominated is greater than the number required to be elected a vote of growers shall be taken to decide the election.

Part IV.—Voting.

Voting to be by post.

15. Voting at the election shall be carried out by post.

Date of close of election.

16. The date fixed for the close of the election shall be the date fixed in that behalf by the Minister.

Voting papers, and form of declaration.

17. As soon as practicable after the date for the close of the election has been fixed, the Returning Officer or a Deputy Returning Officer shall initial and transmit by post to each grower set out in the roll a ballot-paper together with an envelope having printed thereon a form of declaration as follows:—

Commonwealth of Australia.

Dried Fruits Export Control Act 1924.

DECLARATION TO BE MADE BY VOTER.

I of declare that I am a grower of fruit from which dried currants, dried sultanas or dried lexias are produced and that I am entitled to vote at the election which closes on the day of 192 , under the provisions of the Dried Fruits Export Control Act 1924, and I also declare that I have not previously voted in connexion with the said election.

Personal signature of voter

Signed before me the day of 192 .

Signature of authorized witness

Address of authorized witness

Title under which witness acts as authorized witness

Authorized Witnesses.

The following persons are authorized witnesses namely:—The Returning Officer and all Deputy Returning Officers appointed in connexion with the election; all Managers, Directors and Proprietors of dried fruit packing establishments; all persons entitled to vote at the election; all Ministers of Religion; all Postmasters, Postmistresses and Postal Officials and all other permanent officers of the Public Service of the Commonwealth or of a State; all Magistrates and Justices of the Peace; all Teachers in charge of a School; all members of the Police Force; all legally qualified Medical Practitioners; all legal Practitioners; all Bank Managers; and all Railway Stationmasters.

Envelopes to be endorsed.

18. The envelopes containing the ballot-papers posted by the Returning Officer to the voters shall be endorsed with the words “Dried Fruits Export Control (Election of Board) Ballot-papers”.

Particulars to be inserted in voting papers and declarations

19. Before posting the ballot-papers and envelopes bearing the voters’ form of declaration, the Returning Officer or a Deputy Returning Officer, as the case may be, shall insert in the ballot-paper in the space provided for the purpose the date fixed for the close of the election, and shall initial the ballot-paper in the space provided for the Deputy Returning Officer’s initials and, in the form of declaration on each envelope, he shall insert—

(a) the christian name in full (if known) or the initials, and surname of the person entitled to vote;

(b) the place of residence or place of business of the person entitled to vote; and

(c) the date fixed for the close of the election.

Voter to make declaration.

20. The voter shall complete and sign with his personal signature the prescribed declaration in the presence of an authorized witness who shall sign his name in his own handwriting in the place provided for the purpose, and add the title under which he acts as an authorized witness and the date.

Authorized witnesses.

21. The following persons are authorized witnesses within the meaning of these Regulations:—The Returning Officer and all Deputy Returning Officers appointed in connexion with the election; all Managers, Directors and Proprietors of dried fruit packing establishments; all persons entitled to vote at the election; all Ministers of Religion; all Postmasters, Postmistresses and Postal Officials and all other permanent officers of the Public Service of the Commonwealth or of a State; all Magistrates and Justices of the Peace; all Teachers in charge of a School; all members of the Police Force; all legally qualified Medical Practitioners; all legal Practitioners, all Bank Managers and all Railway Stationmasters.

Form of voting paper for the States of New South Wales, Victoria and South Australia.

22. The ballot-paper to be used at the election by growers in the States of New South Wales, Victoria and South Australia shall be in accordance with the following form and the voter shall record his vote in accordance with the directions thereon—

Commonwealth of Australia.

Dried Fruits Export Control Act 1924.

BALLOT-PAPER. 

States of New South Wales, Victoria and South Australia.

Directions.— Inmarking his vote on this ballot-paper the voter must place in the squares respectively opposite the names of at least (here insert the number which represents twice the number of representatives to be elected plus one or if the number of candidates is less than that number, the total number of candidates)candidates the numbers 1, 2, 3, 4 and so on up to and inclusive of the number (here insert the number which represents twice the number of representatives to be elected plus one, or, if

the number of representatives is less than that number, the total number of candidates), so as to indicate the order of his preference for such candidates, and if there are any more candidates, may in addition indicate the order of his preference for as many of them as he pleases by placing in the squares respectively opposite their names other numbers next in numerical order after those already used by him.

Candidates.

 BROWN, Charles William Henry.

 KING, Henry

 RUSSELL, Percy John.

BROWN, Samuel Wilson.

 LOVELL, Edward Thomas.

 QUICK, Richard James.

 SMITH, John Edward.

 THOMAS, Ian Alexander Johnson.

 JOHNS, Roy William.

 MAHON, James Robert.

 PEARCE, Charles.

Further Directions to Voter.— Aftermarking his vote the voter should fold the ballot-paper and place it in the envelope bearing his declaration (duly signed and witnessed) securely fasten the envelope, and forthwith send the envelope by prepaid post or otherwise to the Returning Officer to whom the envelope is addressed.

Note.—Unless the vote is marked on this ballot-paper and is received by the Returning Officer at or before four o’clock in the afternoon of the day fixed for the close of the election (namely, the day of 192 ), it will not be admitted to the scrutiny.

N.B.—If this ballot-paper is sent to the Returning Officer by post the postage thereon (l½d.) must be fully prepaid otherwise the voting paper will not be accepted by the Returning Officer.

Form of voting paper for the State of Western Australia.

23. The ballot-paper for the representatives to be elected by the growers of the State of Western Australia shall be in accordance with the following Form and the voter shall record his vote in accordance with the directions thereon:—

Commonwealth of Australia.

Dried Fruits Export Control Act 1924.

BALLOT-PAPER.

State of Western Australia.

Directions.—The voter shall mark his vote on this ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom he votes as his first preference, and must give contingent votes for all the remaining candidates by placing the numbers 2,3,4 (and so on as the case requires) in the squares opposite their names so as to indicate the order of his preference for them.

Candidates.

 BROOKMAN, John.

 CRANE, Joseph.

 FRENCH, Charles.

 KING, William.

 WILSON, Henry.

Further Directions to Voter.—After marking his vote the voter should fold the ballot-paper and place it in the envelope bearing his declaration (duly signed and witnessed) securely fasten the envelope, and forthwith send the envelope by prepaid post or otherwise to the Returning Officer to whom the envelope is addressed.

Note.—Unless the vote is marked on this ballot-paper and is received by the Returning Officer at or before four o’clock in the afternoon of the day fixed for the close of the election (namely, the day of  192 ), it will not be admitted to the scrutiny.

N.B.—If this ballot-paper is sent to the Returning Officer by post the postage thereon (1½d.) must be fully prepaid otherwise the voting paper will not be accepted by the Returning Officer.

Ballot-papers not received, miscarried or destroyed.

24. Upon a grower making and transmitting to the Returning Officer or Deputy Returning Officer a statement in writing setting out his full name and address and that he has not received a ballot-paper, or that the ballot-paper received by him has miscarried or has been destroyed and that he has not already voted, the Returning Officer or Deputy Returning Officer may issue a ballot-paper to any grower who has not received a ballot-paper or whose original ballot-paper has miscarried or has been destroyed.

Voting papers to be kept in ballot-box until scrutiny.

25. The Returning Officer shall keep a locked and sealed ballot-box with the words “Dried Fruits Export Control (Election of Board) Ballot-box, Ballot-papers received from Voters” marked thereon and shall place and keep therein until the scrutiny all envelopes containing ballot-papers received by him at or before four o’clock in the afternoon of the day fixed for the close of the election.

Voting papers received after close of poll or on which postage not fully prepaid.

26. (1) No ballot-paper received by the Returning Officer after four o’clock in the afternoon of the day fixed for the close of the election shall be admitted to the scrutiny.

(2) No ballot-paper sent by post to the Returning Officer shall be accepted by the Returning Officer unless the postage on the ballot-paper has been fully prepaid.

Part V.—Scrutiny.

Scrutineers at the scrutiny.

27. Each candidate may by notice in writing or by telegram addressed to the Returning Officer appoint one scrutineer to represent him at the scrutiny and such notice or telegram shall be signed by the candidate and shall give the name and address of the scrutineer.

Scrutiny of votes and declarations.

28. The Returning Officer, and any Deputy Returning Officer directed in that behalf by the Returning Officer, shall, at four o’clock in the afternoon of the day fixed for the close of the election:—

(a) open the ballot-box and produce unopened all envelopes containing ballot-papers received by the Returning Officer up to the said hour;

(b) examine each envelope and if the declaration is, in the opinion of the Returning Officer or Deputy Returning Officer, signed by the voter and is duly attested, accept the vote for further scrutiny but if not so signed and attested disallow the ballot-paper without opening the envelope;

(c) place the envelopes containing the disallowed ballot-papers in a parcel, seal the parcel, and endorse it “Dried Fruits Export Control. (Election of Board) Votes rejected at Preliminary Scrutiny” and add his signature and the date;

(d) number consecutively from one upwards, and initial each envelope accepted for further scrutiny on the address side thereof, and place it on a table before him so that the address side only shall be visible;

(e) withdraw from each envelope each ballot-paper contained therein and without unfolding it or inspecting the vote or permitting any other person to do so, place thereon a number corresponding with that placed on the envelope from which it was withdrawn, initial the number, and forthwith deposit it in a locked and sealed ballot-box for further scrutiny; and

(f) place the envelopes in a parcel, seal the parcel and endorse it “Dried Fruits Export Control Election of Board. Envelopes from which ballot-papers have been withdrawn” and add his signature and the date.

The further scrutiny.

29 At the further scrutiny the Returning Officer or a Deputy Returning Officer shall open the ballot-box referred to in paragraph (e) of the last preceding regulation and the scrutiny shall be conducted in accordance with the provisions of the next two succeeding regulations.

Counting the votes from New South Wales, Victoria and South Australia.

30. In the election of representatives for the States of New South Wales, Victoria and South Australia, the scrutiny shall be conducted in the following manner—

(1) Each Deputy Returning Officer shall in the presence of an officer appointed by the Returning Officer and of such authorized scrutineers as may attend—

(a)arrange the voting papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference vote is indicated for the same candidate;

(b) count the first preference votes given for each candidate on all unrejected ballot-papers and communicate to the Returning Officer the following information:—

(i) the number of first preference votes given for each candidate; and

(ii) the total number of voting papers rejected as informal.

(2) The first vacancy shall be filled in the following manner—

(a) The Returning Officer shall, from the information received from all the Deputy Returning Officers, ascertain the total number of first preference votes given for each candidate.

(b) the candidate who has received the largest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected.

(c) If no candidate has received an absolute majority of first preference votes, a second count shall be made by the Deputy Returning Officers under the directions of the Returning Officer, who, for the purposes of the second count, shall notify each Deputy Returning Officer of the name of the candidate who has received the fewest first preference votes.

(d) On the second count, the candidate who has received the fewest first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in the order of the voter’s preference, and the result communicated to the Returning Officer in the manner directed by that officer.

(e) If a candidate then has an absolute majority of votes he shall be elected, but if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the fewest votes and counting each of his unexhausted ballot-papers to the continuing candidate next in the order of the voter’s preference shall be repeated by the Deputy Returning Officers under the directions of the Returning Officer until one candidate has received an absolute majority of votes.

(f) The candidate who has received an absolute majority of votes shall be elected.

(3) The second vacancy shall be filled in the following manner:—

(a) The Deputy Returning Officers, acting under the directions of the Returning Officer, shall re-arrange all the ballot-papers under the names of the respective candidates in accordance with the first preference indicated thereon, except that each ballot-paper on which a first preference for the elected candidate is indicated, shall, if unexhausted, be placed in the parcel of the candidate next in order of the voter’s preference.

(b) Each Deputy Returning Officer shall then count the ballot-papers in the parcel of each candidate and transmit the result of the count to the Returning Officer in accordance with the directions given by that officer.

(c) The Returning Officer shall, from the information received from the Deputy Returning Officers, ascertain the total number of votes given for each candidate.

(d)If a candidate then has an absolute majority of votes he shall be elected, but if no candidate then has an absolute majority of votes, the scrutiny shall proceed as provided in paragraphs (c), (d) and (e)of the last preceding sub-regulation until one candidate has received an absolute majority of votes:

Provided that, in the application of paragraphs (c) and (d)of the last preceding sub-regulation, any reference to first preference votes shall be read as a reference to all the votes counted to a candidate in pursuance of this sub-regulation.

(e) The candidate who has received an absolute majority of votes shall be elected.

(4) The third vacancy shall be filled in the manner provided in the last preceding sub-section as regards the filling of the second vacancy:

Provided that a ballot-paper on which a first preference for any elected candidate is marked shall, if unexhausted, be placed in the parcel of the continuing candidate next in order of the voter’s preference.

(5) In the process of filling any vacancy, exhausted ballot-papers shall be set aside as finally dealt with, and shall thenceforth not be taken into account in the filling of that vacancy.

(6) (a)When a candidate is elected or excluded, each ballot-paper counted to him shall be deemed to be exhausted if there is not indicated upon it a next preference for one continuing candidate.

(b)“Next preference” in the last preceding sub-paragraph includes the first of the subsequent preferences marked on the ballot-paper which is not given to an elected or excluded candidate:

Provided that where there is a break in the consecutive numbering of preferences marked on a ballot-paper (other than a break necessitating the rejection of the ballot-paper as informal), only those preferences preceding the break shall be taken into account.

(7) In this regulation “continuing candidate” means a candidate not already elected or excluded from the count.

(8) If on any count two or more candidates have an equal number of votes, and one of them has to be excluded, the Returning Officer shall decide which shall be excluded; and if, in the final count for filling any vacancy, two candidates have an equal number of votes, the Returning Officer shall decide which shall be elected.

(9) In this regulation “an absolute majority of votes” means a greater number than one-half of the whole number of ballot-papers other than informal and exhausted ballot-papers. The decision of the Returning Officer, given in pursuance of the last preceding sub-regulation, shall, in reckoning an absolute majority of votes, be included as if it were a vote.

(10) Notwithstanding anything contained in the preceding provisions of this regulation two or more candidates lowest on the poll may be excluded in any count in the one operation, provided—

(a) that the total number of votes of those lowest candidates does not in the aggregate exceed in number the votes of the candidate next higher on the poll;

(b) that the number of continuing candidates is not thereby reduced below the number to be elected; and

(c) that in the filling of a second or any subsequent vacancy the votes of the elected candidate or candidates have been first dealt with as provided in this section.

Counting the votes from Western Australia.

31. In the election of the representative of the State of Western Australia the scrutiny shall be conducted in the manner following:—

(1) The Returning Officer or such Deputy Returning Officer as the Returning Officer appoints in that behalf shall, in the presence of an Officer appointed by the Returning Officer, and of such authorized scrutineers as may attend, count the first preference votes given for each candidate on all unrejected ballot-papers.

(2) The candidate who has received the largest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected.

(3) If no candidate has received an absolute majority of first preference votes, the Returning Officer or the Deputy Returning Officer as the case may be, shall proceed with the scrutiny and the counting of the votes as follows—

(i) the candidate who has received the fewest first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in the order of the voter’s preference;

(ii) if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the fewest votes and counting each of his ballot-papers to the unexcluded candidate next in the order of the voter’s preference, shall be repeated until one candidate has received an absolute majority of votes; and

(iii) the candidate who has received an absolute majority of votes shall be elected.

(4) If on any count two or more candidates have an equal number of votes, and one of them has to be excluded, the Returning Officer shall decide which shall be excluded; and if in the final count two candidates have an equal number of votes, the Returning Officer shall decide which shall be elected.

(5) In this regulation an absolute majority of votes means a greater number than one-half of the whole number of ballot-papers other than informal ballot-papers. The decision of the Returning Officer, given in pursuance of the last preceding sub-regulation shall, in reckoning an absolute majority of votes, be included as if it were a vote.

Re-count of votes.

32. (1) At any time before the declaration of the result of the election the Returning Officer may, if he thinks fit, on the written request of any candidate setting forth the reasons for the request, or of his own motion, direct a re-count of the ballot-papers.

(2) If the Returning Officer refuses, on the request of a candidate, to direct a re-count of any ballot-papers, the candidate may, in writing, appeal to the Minister to direct a re-count of those ballot-papers, and the Minister may, as he thinks fit, either direct a re-count of the ballot-papers or refuse to direct a re-count.

Powers of officer conducting re-count.

33. (1) The officer conducting a re-count shall have the same powers as if the re-count were the scrutiny, and may reverse any decision in relation to the scrutiny as to the allowance and admission or disallowance and rejection of any ballot-paper.

(2) The officer conducting a re-count may, and at the request of any scrutineer shall, reserve any ballot-paper for the decision of the Returning Officer.

(3) The Returning Officer shall decide whether any ballot-paper, reserved for his decision in pursuance of this section, is to be allowed and admitted or disallowed and rejected.

Informal voting papers.

34. A ballot-paper shall be informal if—

(a) It is not initialled by the Returning Officer or a Deputy Returning Officer;

(b) it has no vote marked on it;

(c) it has more than one vote marked on it; or

(d) it is so imperfectly marked that the intention of the voter is uncertain.

Declaration of election.

35. (1) The Returning Officer shall make out a statement showing the result of the election and the names of the candidates elected and transmit the statement to the Minister, who shall announce the result of the election and cause notice of the result to be published in the Gazette.

(2) The notice published in the Gazette shall, subject to these Regulations, be conclusive evidence of the result of the election.

Voting papers to be placed in parcels.

36. The Returning Officer or a Deputy Returning Officer shall—

(a) place in a separate parcel all the ballot-papers received by the Returning Officer which have been rejected as informal, together with the envelopes from which they were withdrawn; and

(b) place in a separate parcel all the unrejected ballot-papers received by the Returning Officer together with the envelopes from which they were withdrawn and the copy of the roll used for the election, and endorse on each parcel a description of the contents thereof, add his signature and the date and shall retain the parcels until the authority of the Minister has been obtained for the destruction of the contents thereof.

Destruction of papers.

37. At the expiration of six months from the date of publication of the result of the election, the Minister shall cause the ballot-papers and the voters’ declarations to be destroyed.

Intruders.

38. Every person, not being authorized pursuant to these Regulations to be present at the scrutiny, who wilfully intrudes into the room appointed for the examination of the voting papers, shall be guilty of an offence.

Penalty: Fifty pounds.

Part VI.—Disputed Elections.

Disputing validity of election statement.

39. The validity of the election or of any statement or notice showing the voting at the election may be disputed by petition addressed to the High Court.

Requisites of petition.

40. The petition disputing the election statement or notice shall—

(a) set out the facts relied on to invalidate the election, statement or notice;

(b) contain a prayer asking for the relief to which the petitioner claims to be entitled;

(c) be signed by a candidate at the election in dispute or by a person who was qualified to vote thereat;

(d) be attested by two witnesses whose occupations and addresses are stated; and

(e) be filed in the Principal Registry of the High Court or in the District Registry of that Court in the capital city of the State in which the petitioner resides within thirty days after the publication in the Gazette of the notice of the result of the election.

Jurisdiction of High Court.

41. The High Court shall have jurisdiction to entertain and hear and determine the petition.

Notice of petition.

42. The petitioner shall, within seven days after the filing of the petition, notify the petition in the Gazette.

Joinder of parties.

43. The High Court may on the application of any grower order him to be joined as a party petitioning or responding as the case may be.

Powers of Court.

44. (1) The High Court when hearing a petition shall sit as an open court and its powers shall include the following:—

(i) To adjourn;

(ii) To compel the attendance of witnesses and the production of documents;

(iia) To grant to any party to a petition leave to inspect in the presence of a prescribed officer the rolls and other documents (except ballot-papers) used at or in connexion with any election and to take, in the presence of the prescribed officer, extracts from those rolls and documents;

(iii) To examine witnesses on oath;

(iv) To declare that any person who was returned as elected was not duly elected;

(v) To declare any candidate duly elected who was not returned as elected;

(vi) To declare any election absolutely void;

(vii) To dismiss or uphold the petition in whole or in part; and

(viii) To award costs.

(2) The court may exercise all or any of its powers under this section on such grounds as the Court in its discretion thinks just and sufficient.

(3) Without limiting the powers conferred by this section, it is hereby declared that the power of the Court to declare that any person who was returned as elected was not duly elected, or to declare an election absolutely void, may be exercised on the ground that illegal practices were committed in connexion with the election.

Inquiries by Court.

45. The High Court shall on the hearing of a petition inquire whether or not the petition is duly signed, and so far as rolls and voting are concerned may inquire into the identity of persons, and whether their votes were improperly admitted or rejected, assuming the roll to be correct, but the Court shall not inquire into the correctness of any roll.

Real justice to be observed.

46. The High Court shall on the hearing of a petition be guided by the substantial merits and good conscience of each case without regard to legal forms or technicalities, or whether the evidence before it is in accordance with the law of evidence or not.

Evidence that person not permitted to vote.

47. On the trial of any petition the High Court shall not admit the evidence of any witness that he was not permitted to vote in any election unless the witness satisfies the Court—

(a) that he claimed to vote, in the election, pursuant to these Regulations; and

(b) that he complied with the requirements of these Regulations relative to voting by growers in so far as he was permitted so to do.

Decisions to be final.

48. All decisions of the High Court under this Part shall be final and conclusive and without appeal, and shall not be questioned in any way.

Counsel or solicitor.

49. (1) No party to the petition shall, except by consent of all parties, or by leave of the Court, be represented by counsel or solicitor.

(2) In no case shall more than one counsel or one solicitor appear on behalf of any party.

Costs.

50. The High Court may award costs against an unsuccessful party to the petition.

Recovery of costs.

51. All costs awarded by the High Court under this Part shall be recoverable as if the order of the High Court on the petition were a judgment of the High Court of Australia, and such order, certified by the Court, may be entered as a judgment of the High Court of Australia, and enforced accordingly.

Effect of decision.

52. Effect shall be given to any decision of the Court as follows—

(1) If any person returned is declared not to have been duly elected, he shall cease to be a member of the Board;

(2) If any person not returned is declared to have been duly elected, he shall become a member of the Board;

(3) If any election is declared absolutely void a new election shall be held.

Procedure on petition.

53. The procedure in relation to a petition shall, subject to these Regulations, be as prescribed by Rules of Court, or, in default of Rules of Court, as directed by the High Court or a Justice thereof.

Ministerial errors not to vitiate election.

54. (1) The election or any statement or notice showing the voting at the election shall not be avoided on account of any delay in relation to the taking of the votes of the growers, or in relation to the making of any statement or notice, or on account of the absence or error of, or omission by, any officer, which did not affect the result of the election.

(2) The election shall not be disputed by reason of any defect in the title or any want of title of any Returning Officer or Deputy Returning Officer, if that person really acted at the election, or by reason of any formal error or defect in any statement, notice, instrument or publication made under these Regulations or intended to be so made, or by reason of any act or thing not being done at or within the prescribed time.

 

Part VII.—Offences.

Misfeasance.

55. Every person acting as Returning Officer or Deputy Returning Officer at the election, who is guilty of any wilful misfeasance or wilful or negligent act of commission or omission contrary to any of the provisions of these Regulations, shall be guilty of an offence.

Penalty: Fifty pounds.

Failure of election.

56. (1) Whenever an election wholly or partially fails a supplementary election shall be held.

(2) An election shall be deemed to have wholly failed if no candidate is nominated or returned as elected.

(3) An election shall be deemed to have partially failed whenever one or more candidates is returned as elected, but not the full number required to be elected.

Untrue statements in declarations, &c.

57. A person shall not make any untrue statement in any declaration, or in answer to any question under these Regulations, or in any information supplied to the Returning Officer or any Deputy Returning Officer for the purpose of obtaining a ballot-paper.

Penalty: Fifty pounds.

Duty of authorized witnesses.

58. An authorized witness shall not witness the signature of a grower to any declaration under these Regulations unless—

(a) he has satisfied himself as to the identity of the grower;

(b) he has seen the grower sign the declaration in his, the grower’s own handwriting; and

(c) he knows that the statements contained in the declaration are true, or has satisfied himself by inquiry from the grower or otherwise that the statements contained in the declaration are true.

Penalty: Fifty pounds.

Making marks on voting papers.

59. Except where expressly authorized by these Regulations, a person (other than the grower to whom the ballot-paper has been issued) shall not make any mark or writing on the voting paper of a grower.

Offences in connexion with polling.

60. Any person who—

(a) falsely impersonates any person to secure a voting paper to which the personator is not entitled; or

(b) personates any other person for the purpose of voting; or

(c) fraudulently destroys or defaces any voting paper; or

(d) votes more than once at the poll,

shall be guilty of an offence.

Penalty: Fifty pounds.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.